“An NDA Was Designed to Keep Me Quiet” – How Pinterest Undermines Equity in the Workplace

From today’s New York Times:

Last March, I sat in a lawyer’s conference room and watched as my corporate account at Pinterest was suddenly shut off. For almost two years, I had worked at the company as a public policy manager engaging with elected officials, civil rights groups and public health organizations. In an instant, I lost access to emails, documents and all internal systems. Months earlier, I filed complaints about wage discrimination and retaliation. Now the company was presenting me with no choice but to leave.

I thought about how I would explain to my colleagues, friends, family and prospective employers why I no longer had the high-profile job I loved. Worse, I had to find a way to have those conversations without violating the terms of a highly restrictive nondisclosure agreement (NDA), drawn up by Pinterest’s legal team, which was designed to keep me quiet.

Companies have long used NDAs to prevent competitors from poaching confidential information and good ideas. But they appear to increasingly be used to prevent workers from speaking out about instances of harassment, discrimination or assault they may face on the job.

During the #MeToo movement, those who came forward to report workplace abuses did so at great personal and legal risk. But it shouldn’t be this way. That is why I’mhelping lead the passage of a bill in California that, if signed into law, will allow victims of any kind of workplace discrimination to speak openly about the abuse they experience, regardless of the language in an NDA.

For a long time, I hesitated to speak about the issues I experienced at Pinterest. I didn’t want to be sued, and I hoped that the company would do the right thing and address the pay inequities and retaliation I faced. But it didn’t. When I eventually made the decision to come forward publicly, I, along with a courageous former colleague named Aerica Shimizu Banks, did so with the knowledge that we’d be covered, to some extent, under a 2019 law in California called CCP 1001.

Passed in the wake of the #MeToo movement, the law provides protections for those breaking NDAs if they disclose factual allegations related to only three types of misconduct: sexual harassment, sexual assault and gender discrimination. But those protections did not include the race discrimination that I also faced as a Black woman. As such, only one part of my identity was protected, leaving me in a sort of legal limbo.

Recognizing the need for intersectional protection in this law, I decided to work withCalifornia State Senator Connie Leyva (the author of CCP 1001) to help draft and sponsor the Silenced No More Act along with the California Employment Lawyers Association and Equal Rights Advocates. If passed, the measure will allow victims of any type of covered workplace discrimination — on the basis of such categories as race, religion, age, disability and sexual orientation — to speak honestly and openly about what they have faced, regardless of the language in a nondisclosure or nondisparagement agreement.

Read the complete article here.